“Sparkling Ice Fuel for a Year” Sweepstakes
Official Rules
 
NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. BY PLAYING IN THIS SWEEPSTAKES DURING THE PROMOTION PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE PROMOTION ENTITIES (DEFINED BELOW) AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
 
1. Eligibility:  The “Sparkling Ice Fuel for a Year” Sweepstakes (the “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry (the “Entrant”).  Current and past employees, officers and directors of Sponsor and Administrator (defined below) and each of its subsidiaries and affiliates, distributors, vendors, advertising/promotion agencies, and any others engaged in the development, production, execution or distribution of the Promotion (collectively referred to herein as “Promotion Entities”) as well as their immediate family members (spouses, siblings, children and parents, regardless of where they live) or members of the same households (whether related or not) of such employees, officers and directors are not eligible to participate.  Subject to all applicable federal, state, and local laws and regulations.  Void outside of the fifty (50) United States, District of Columbia and wherever else prohibited by law.  Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion.  

2. Sponsor:  Talking Rain Beverage Company, Inc., 8300 304th Ave SE, Issaquah, WA 98027.
 
3. Administrator: Optivate Agency, 4032 Masonboro Loop Rd., Wilmington, NC 28409. 
 
4. Timing:  The Promotion begins on August 1, 2023 at 12:00 AM Eastern Standard Time (“ET”) and ends on September 30, 2023 at 11:59 PM ET (the “Promotion Period”).  Administrator’s computer is the official time-keeping device for the Promotion. 
 
5. How to Play:  There are two (2) ways to play:
 1) ONLINE: To play, visit www.fuelforayear.sparklingreward.com (the “Website) and follow directions to fully complete and submit all required information on the online entry form and play the instant win e-scratcher to reveal the prize win notification status page. Incomplete plays are void. Entrant must come back each twenty-four (24) hour period of the Promotion to complete the online entry form to receive one (1) play per twenty-four (24) hours. 
 
2) QR CODE: Entrants may also play via the QR code found on Sponsor branded advertising materials. Entrant will scan the QR code using a web-enabled wireless device equipped with a QR code reader app (free to download) to be directed to the Website where you would follow the directions above to play.  Message and data rates may apply for entries submitted via mobile devices. Check your mobile plan for rates/details.
 
NOTE:  Entrants are required to register at the first attempt to play.  Upon returning to the Website, Entrants may play additional times by submitting their email and personal information and clicking the “Get My Scratcher” button.
 
Limit:  Limit one (1) play per person per twenty-four (24) hours (an Entrant may only play with one email address– additional plays by the same person via additional email addresses will be void and subject Entrant to disqualification). 
 
Any attempt by any Entrant to play more than the stated number of times by using multiple/different email addresses, identities or registrations, or any other methods will void that Entrant’s plays and that Entrant may be disqualified.  Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification. 
 
In the event of a dispute as to any participation, the authorized account holder of the email address used to play will be deemed to be the Entrant. "Authorized account holder" of the email address is defined as the natural person who is assigned to an email address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted e-mail address.? A potential prize winner may be required to show proof that he/she is the authorized account holder provided at the time of play. All information submitted becomes the sole property of Sponsor and will not be acknowledged or returned. 
 
6. Winning/Odds:  Two (2) random, computer-generated winning times will be created by the Official Promotion computer system for the entire Promotion Period. The prizes will be awarded at random using the computer-generated winning time by the Official Promotion computer system. Odds of winning depend on the number of eligible entries received and the date and time in which the Entrant plays during the Promotion Period.
 
Upon receiving a prize win notification, a confirmation e-mail will be sent to the e-mail address supplied at the time of registration. Print and retain the confirmation e-mail, a record of your potential instant win prize winner status. 
 
If for any reason, including, without limitation, a technical or other error, more prizes are claimed than the number set forth in these Official Rules, all Entrants making purportedly valid claims for the prize will be entered into a random drawing from which instant win prize winners for only the advertised number of prizes will be selected. 
 
The Sponsor and Administrator will not accept screenshots or other evidence of winning in lieu of its validation process.  Any potential prize winner announced on the Website is subject to verification, if applicable.
7. Prize Notification/Claim: Grand Prize: Potential Grand Prize Winner (defined below) will be notified via email on or about five (5) days following the drawing date (the “Notification”). Except where prohibited, the potential Grand Prize Winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) and any other documents required by Sponsor (collectively, the “Required Documents”) within three (3) days from receipt of Notification. If the potential Grand Prize Winner fails to return the Required Documents within the time period required, or if the Notification is returned as undeliverable, such potential Grand Prize Winner forfeits his/her right to the prize and the prize will not be awarded, even if the disqualified potential Grand Prize Winner’s name may have been publicly announced. If it is determined by the Sponsor or Administrator, in its sole discretion, that the potential Grand Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the potential Grand Prize Winner forfeits his/her right to the prize and the prize will not be awarded.  In the event that the potential Grand Prize Winner is disqualified for any reason, Sponsor/Administrator shall have no liability or obligation to such individual.
First Prize: Potential First Prize Winner will be notified via email on or about five (5) days following the Promotion end date (the “Notification”).  Potential First Prize Winner will be required to respond to the Notification within five (5) days by clicking on the prize claim link within the Notification and completing the prize claim form with the required information in order to claim his/her prize. 
 
The awarding of the prizes is subject to verification by the Sponsor whose decisions are made based on their sole discretion.  The Sponsor’s interpretation of these Official Rules is final and binding in all respects. The potential prize winner is not a prize winner of any prize until his/her eligibility and the potential prize-winning play has been verified by the Sponsor. 
 
8. Prizes: One (1) prize of a $3,000 gas gift card will be awarded to the Grand Prize Winner having an approximate retail value (“ARV”) of $3,000.00.
 
One (1) prize of a $100 gas gift card will be awarded to the First Prize Winner having an ARV of $100.
 
Total ARV of all prizes to be awarded is $3,100.00.
 
Prizes are nontransferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.  Prize winners is responsible for all taxes and fees associated with the prize award, receipt and/or use. 
 
9. Release:  In exchange for the right to participate in the Promotion, the prize winner agrees to release and hold harmless the Sweepstakes Entities from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Promotion or receipt or use or misuse of any prize.  Promotion Entities are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.  The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. 
 
10. Publicity:  Except where prohibited, participation in the Promotion constitutes the prize winner’s consent to Sponsor’s and its agents’ use of the prize winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration. By participating in the Promotion, the prize winner agrees that their name, image or likeness may be electronically displayed via the Internet or other form of digital dissemination, extending to all manner and media whatsoever, throughout the universe in perpetuity, free and clear of any claims for royalties, residuals or other compensation.  All Entrants understand and agree that any recourse or claim for damages based on Sponsor, Administrator, or their agents’ use of prize winner’s name, image, information or likeness in accordance with this paragraph is hereby expressly and forever waived, and that such express waiver does and shall bind all heirs, survivors, successors, transferees, licensees and assigns of my right of publicity. 
 
11. General Conditions:  Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, without notice, for any reason at Sponsor’s sole discretion, including in the event of any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the play process or the operation of the Promotion or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By playing the Promotion and accepting a prize, the prize winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in the Promotion or prize-related activity.  Prize winner understands and agrees that Sponsor has the right, in their sole discretion, to disqualify the prize winner if he/she violates the policies of these Official Rules; and, in such a case, the prize winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.

12. Limitations of Liability:  The Promotion Entities are not responsible for:  (a) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, traffic congestion, or disconnections in phone lines or network hardware or software whether originating with Entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the play process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of plays; (e) late, lost, undeliverable, misdirected, illegible, damaged, postage due, incomplete, incorrect, stolen entries/plays; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any prize.  If for any reason an Entrant’s play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another play in the Promotion, unless it is not possible to award another play due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible plays received up to the date of discontinuance, and in no event will more than the number of prizes stated in these Official Rules be awarded. In the event that production, technical, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. 
 
13. Disputes:  THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.  As a condition of participating in this Promotion and/or accepting an awarded prize, each Entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction.  Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Promotion), and Entrant further waives all rights to have damages multiplied or increased. 
 
14. Use of Data: Sponsor will be collecting Entrant’s personal data in accordance with Talking Rain’s Privacy Policy that can be reviewed at the following link: https://www.sparklingice.com/privacy-policy/. Please see the full Privacy Policy for details.
Entrant’s personally identifiable information is not shared with third parties unless you opt-in to such sharing. Though we may use an intermediary to conduct promotions, they may not use Entrant’s personally identifiable information for any secondary purposes. By participating in the Promotion, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor's privacy policy.
  
15.  Winner List:  For the name of the prize winners, send a self-addressed, stamped envelope by October 30, 2023 to “Sparkling Ice- Fuel for a Year” Promotion, Optivate Agency, 4032 Masonboro Loop Rd., Wilmington, NC 28409 (VT residents may omit return postage).  Prize winner’s first name, last initial, city and state will be published in the prize winner’s list. Requests will be fulfilled after the prize winner is verified.